(1)

By Commission Implementing Regulation (EU) 2025/2351 (3), the Commission imposed a definitive safeguard measure on imports of certain ferro-alloying elements.

(2)

The Commission considered that a specific tariff-rate quota ‘TRQ’ per product type, consisting of an in-quota volume combined with an out of quota variable duty is the most effective form of measure to balance various interests.

(3)

The Commission set the in-quota volume levels 25 % below the average level of imports of 2022, 2023 and 2024.

(4)

After the imposition of the definitive safeguard measure, the Commission was approached by a legal representative of a Malaysian company, alleging that the in-quota volume calculated for Malaysia as set out in Annex III of Implementing Regulation (EU) 2025/2351 was incorrect due to incomplete import statistics for the year 2022 from Malaysia into the Union.

(5)

The Commission has investigated the allegation and was able to confirm that certain imports of ferro-manganese in 2022 from Malaysia were declared confidential in the publicly available Eurostat import statistics. Thus, nearly 40 700 tonnes of imports were missing when calculating the TRQ for Malaysia. The correct value to calculate the TRQ for Malaysia for 2022 should have been 41 279,3 tonnes instead of 581 tonnes.

(6)

Therefore, the 2022 volume of imports for the calculation should be corrected and the in-quota volume for Malaysia should be recalculated and increased.

(7)

The corrections should take effect from the date of the entry into force of Implementing Regulation (EU) 2025/2351.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safeguards established under Article 3(3) of Regulation (EU) 2015/478 and Article 22(3) of Regulation (EU) 2015/755 respectively,